IMO, that is the signal the court has sent in a few cases notably this one and parental notification case. While the MSM/DNC are not happy, apparently the Court has uniamously agreed they aren't going to rush opinions through before a new Justice joins. They'll wait for Alito with O'Connor's consent.
Though, just because Kennedy went one way on this before, doesn't mean he will again. Trust the MSM/DNC/D.C. elite are cozying up to him now.